FL-MD — Motion Practice

Motion practice in M.D. Fla. is governed by L.R. 3.01. Motions are submitted without hearings unless the court requests argument. Key rules:

• Combined motion and memorandum. L.R. 3.01(b): "A motion must include — in a single document no longer than twenty-five pages — a concise statement of the precise relief requested, a statement of the basis for the request, and a legal memorandum supporting the request."
• Unopposed motions. If agreed to, the title must include "unopposed." L.R. 3.01(b).
• No incorporation by reference. L.R. 3.01(h): "A motion, other legal memorandum, or brief may not incorporate by reference all or part of any other motion, legal memorandum, or brief."
• No unauthorized correspondence. L.R. 3.01(l): "A party must not use a letter, email, or the like to request relief or to respond to a request for relief."
• No proposed orders in civil actions without leave. L.R. 3.01(k).
• Emergency or time-sensitive motions. L.R. 3.01(f): title must include "emergency" or "time-sensitive"; motion must include an introductory paragraph explaining the exigency and the day a ruling is requested. Unwarranted use can result in sanctions.
• Supplemental authority. L.R. 3.01(j): after filing but before a decision, a party may file a notice of supplemental authority (citation, page/paragraph specification, succinct quotation only; no copies unless not readily available; no more than two pages).
• Objections to magistrate judge orders or R&Rs. Not to exceed 10 pages. Response also capped at 10 pages. L.R. 3.01(b), (c).
• Motion for leave to exceed page limits. Must not exceed three pages, must specify need and proposed length, and must not include the proposed paper. L.R. 3.01(b), (c).

Title requirements (L.R. 1.09): specific words required in the title of certain papers — "Unopposed," "Emergency" or "Time-Sensitive," "Motion for Temporary Restraining Order," "Motion for Preliminary Injunction," "[Preliminary or Permanent] Injunctive Relief Requested," "Declaratory Relief Requested," "Demand for a Jury Trial," "Class Action," "Collective Action," "Derivative Action," "Challenge to the Constitutionality of [the statute]," "Motion to Seal Under [statute or rule]."